United States v. Vincent Rios

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10199

Plaintiff-Appellant, D.C. No. 1:16-cr-00039-

v.

MEMORANDUM*

VINCENT RAYMOND RIOS,

Defendant-Appellee.

Appeal from the United States District Court for The District of Guam Frances Tydingco-Gatewood, Chief District Judge, Presiding

Argued and Submitted February 15, 2022 Honolulu, Hawaii

Before: HAWKINS, R. NELSON, and FORREST, Circuit Judges. Vincent Rios, a native of the Northern Mariana Islands and Chamorro speaker,

appeals the denial of his motion to withdraw his guilty plea. We have jurisdiction

under 28 U.S.C. § 1291 and affirm.

1. First, Rios argues that his plea was not knowing and voluntary because the

court failed to advise him of his Apprendi right to a jury finding of drug type and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. quantity. Because Rios did not object, we review for plain error. United States v.

Bain, 925 F.3d…